DECISIONS ON THE PROSECUTORS EX PARTE APPLICATION FOR LEAVE TO WITHDRAW
THE INDICTMENT

Office of the Prosecutor:

Carla Del Ponte

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA ("The Tribunal")

SITTING AS Judge Navanethem Pillay, President;

BEING SEIZED of an Ex Parte Application by the Prosecutor filed on 12
August 2002 for leave to withdraw the Indictment against Leonidas Rusatira (the
"Accused");

HAVING CONSIDERED that Judge Lloyd George Williams confirmed the Indictment
against the Accused (the "Indictment") on 12 April 2002 and on the same day
issued a Warrant for his arrest;

HAVING CONSIDERED that pursuant to Rule 51 of the Rules of Procedure and Evidence
(the "Rules), a confirmed indictment may be withdrawn with leave of the confirming
judge and in exceptional circumstances, with leave of another judge assigned
by the President, provided the accused has not made his or her initial appearance
before a trial chamber;

HAVING CONSIDERED that:

(i) Judge Lloyd George Williams
is currently on judicial recess and is therefore unavailable to consider this
Application;

(ii) the Accused has been arrested and
is presently detained in the Kingdom of Belgium and this Application should
therefore be decided as soon as possible;

FINDS that the aforementioned circumstances constitute exceptional circumstances
as envisaged by Rule 51 of the Rules and accordingly ASSIGNS Judge Navanethem
Pillay to rule on this Application;

On the Merits

HAVING CONSIDERED the Prosecutor’s submissions that:

(i) The evidence obtained in the
course of further investigation of the Accused has been found to be insufficient
at this time to proceed to trial;

(ii) A withdrawal of the Indictment
does not preclude the Prosecutor from seeking an indictment on the same counts
or other counts in the future, based on evidence gathered in ongoing investigations.

GRANTS LEAVE to the Prosecutor, pursuant to Rule 51 of the Rules, to
withdraw the Indictment against Leonidas Rusatira without prejudice to her seeking
the confirmation of another indictment against him, based on new or additional
evidence;

ORDERS the immediate withdrawal of the Warrant of Arrest issued on 12
April 2002 in respect of Leonidas Rusatira;

DIRECTS the Registrar to immediately transmit this decision to the Kingdom
of Belgium.